restrictions amendments

[peaches70]

We follow RONR at our meetings, We have always been able to amend our amendments up until the time they are placed on the floor for a vote. the Board wants to restrict us to submitting any changes 30 days befoer the annual meeting. can they do this?

[Joshua Katz]

What do your rules say about amendments?

[peaches70]

XII. AMENDMENTS
12.1 Adoption of Amendments
This Declaration may be amended by the affirmative vote of sixty (60) percent of the total number of votes present at the annual Corporate meeting or at special meetings. Any amendments so adopted will be supplied in writing to all eligible voters within thirty (30) days following such adoption.
12.2 Proposed Amendments
Content of potential amendments to the Governing Documents may be proposed by a Lot Owner or the Board of Directors. Content of proposed Amendments, as proposed by Lot Owners, shall be submitted to the Board of Directors no later than the second Friday in November before the annual Membership Meeting.
XIII

[Joshua Katz]

Then it seems amendments do not need 30 days notice, and also may not be submitted up until the meeting itself, but rather must be submitted to the Board no later than the second Friday in November before the annual Membership Meeting. Note: perhaps that makes more sense in context, but it seems highly ambiguous to me.

[peaches70]

I must apologize, I did not make a clear statements. I am referring to an amendment that was given to the board on or before the 2nd Friday in November, as required by our rules. But the submitter wants to amend the original amendment. According to RONR is there a TIME limit?

[Joshua Katz]

Well, RONR doesn't specifically comment on your rules, but it seems to me that a submitted amendment may not be amended by its writer after the date for submissions. But that's just, you know, my opinion - as I am not a member, my views on this question are not terribly important.

[Richard Brown]

I believe I disagree with my friend Joshua Katz. Although interpretation of an organization’s  bylaws is up to the members of that organization, my own interpretation of the bylaws and RONR, taken together, is that amendments to the proposed bylaw amendments may indeed be proposed from the floor and considered by the organization as long as they are “within the scope of notice“ as provided in RONR.  For more information, see section 35 of RONR (12th Ed.), particularly sections 35:2 (6) and 35:4. See also 56:50. 

[Joshua Katz]

On 10/30/2021 at 1:18 PM, Richard Brown said:

is that amendments to the proposed bylaw amendments may indeed be proposed from the floor and considered by the organization as long as they are “within the scope of notice“ as provided in RONR.

I think the pending amendment may be amended within the scope of notice. I do not think the author can unilaterally amend it such that the body loses the chance to consider it.

[Richard Brown]

On 10/30/2021 at 12:32 PM, Joshua Katz said:

I do not think the author can unilaterally amend it such that the body loses the chance to consider it.

Oh, I agree. The author himself may not unilaterally amend it. He may propose an amendment to it once it is under consideration just as any other member may do.